1. (a) Interim quality assurance fee. As provided in section 9.02 of the Act of May 28, 2001, 77th Leg. R.S., (Senate Bill 1839), the quality assurance fee for the month September 2001, and for each month thereafter until implementation of a final quality assurance fee under subsection (b) of this section is the total number of patient days reported by a facility under §352.4 of this chapter multiplied by $5.25.
2. (b) Quality assurance fee. Beginning November 1, 2001 the quality assurance fee for a facility is in the amount of 5.5 percent of each reimbursement or payment rate received, including those received from the resident, for each resident in the facility during a calendar month, provided the amount of all such quality assurance fees assessed for the facility during the 12-month period following assessment of the quality assurance fee do not exceed six percent of the facility's total annual gross receipts in Texas.
3. (c) Not later than July 31, 2002, and every six months thereafter, the commission or its designee will review each individual facility's quality assurance fee calculation. A facility's liability for the quality assurance fee may be adjusted following this review to ensure that the quality assurance fee does not exceed six percent of annual revenue.

Source Note:The provisions of this §352.3 adopted to be effective November 18, 2001, 26 TexReg 9085.